General Terms and Conditions Happydemics

Version in force since March 1st, 2021

Preamble


Happydemics a joint stock liability limited company ("société par actions simplifiée") with a capital of €1,947.70 having its registered address at 73 rue de la Plaine, 75020, Paris, registered with the Companies House under the number 810 129 478, ("Happydemics" or the "Service Provider"), has developed a technology to carry out digital studies and various offers from submitting and collecting responses to questionnaires or interviews to carrying out digital marketing studies on this basis, including access to a platform in SaaS mode (the «Services »).

The client, as identified in the purchase order (defined below), wishes to benefit from the Services and order a study or a pack of several studies for itself or on behalf of its own clients or of the entities of the group it belongs to (the « Customer »).

Happydemics and the Customer are referred to individually or collectively as the "Party" or “Parties”

The Client acknowledges that it has received all the necessary information from Happydemics to ensure the adequacy of the services provided by the Happydemics to the Client's needs and constraints.

These general terms and conditions (the « General Terms») together with the special conditions or any purchase order executed by the Customer (the “Order Form”) govern the contractual relationship between Happydemics and the Client regarding the provision of the Services and prevail over any other document such as the Client’s general terms of purchase, advertising or marketing document and together form the agreement between the Parties (the «Agreement»).

DEFINITIONS

The terms beginning with a capital letter have either the definition given to them directly in this document, including the Preamble, or the following definitions:

Support - Means the support services relating to the use of the Platform and the assistance provided by Happydemics to the Client as described in Clause 6.

Order Form - Means the document which identifies the Client and specify the type of service offer chosen and the details of the Study to be carried out and which is executed by the Client.

Study Answer - Means the document which describes the Study to be performed for a specific Study ordered with a Pack of Studies ordered.

Respondent Data - Means the Respondents' answers to the questionnaire created and sent by Happydemics.

Study - Means the deliverable based on the Respondent Data in the form of a statistical report and, if applicable, a summary video or an oral presentation by Happydemics.

Key Contact - Means a member of the Client's staff in charge of research and/or marketing activities appointed as Happydemics' contact person, the number of Key Contacts may vary depending on the offer selected by the Client and the options subscribed to in the Order Form if applicable.

Platform - Means the dashboard accessible in SaaS mode enabling the Client to have access to the Studies, to monitor the progress of the Studies ordered in a Pack and to define all or part of the Study's criteria.

Pack - Means the order of several Studies by the Client payable in advance, the details of each Study being specified in a Study Answer.

Respondents - Means the participants identified and/or selected to answer the questionnaire or questioned during interviews or whose data is made available to Happydemics by the Client notably through the communication of/ access to a database.

User – Means the person under the Client's responsibility (agent, employee, advertiser) who is granted an access to the Platform.

Purpose and Description of the Services

The purpose of the Agreement is to set out the conditions under which Happydemics provides the following services to the Client: (i) the supply of Respondents Data and/or the carrying out of Studies under the conditions specified in the Order Form and the Study Answers, when applicable,, (ii) access and use of the Platform, (iii) hosting of Respondent Data, Happydemics through the Platform and the Studies and the possibility of downloading the Studies and (iv) Support.

Happydemics may also offer additional professional services (e.g. a report with analysis and recommendations, an oral presentation of the report, a customised video and dedicated support, etc.) which, depending on the offer chosen by the Client, will be included either in the initial Order Form or will be the ordered through a separate Order Form subject to these General Terms.

CONTRACTUAL DOCUMENTS

By executing the Order Form, the Client fully accepts the General Terms. The applicable General Terms are those in force at the time of execution of the Order Form.

In the event of any conflicting terms between the General Terms and the Order Form and/or the Study Answer, the order of priority of the documents shall be as follows: (i) Order Form; (ii) Study Answer and (iii) General Conditions.

CONDITIONS FOR SUBSCRIBING TO THE SERVICES

In order to benefit from the Services, the Customer executes and Order Form referring to the General Terms.

The Order Form includes in particular the following items:

  • Client identification,
  • Identification of the offer chosen by the Customer and the number of Studies ordered,
  • The possible provision of a database of potential Respondents,
  • The type of Study ordered by the Client (questionnaire or interview)
  • Any additional professional services ordered by the Client, if any,
  • The identity and contact details of the Key Contact(s),
  • The price and payment method agreed with the Client.

If the Client orders a Study, the Order Form will also include the criteria for the Study, such as the number and profile of Respondents, their age group, their location and the deadline for carrying out the Study (this deadline being indicative). If the Client orders a Pack, this information is included in each Study Response relating to each Study launched. If the Customer subscribes to the Premium + offer, the number of Studies is unlimited during the term of the Agreement, subject however to a maximum of 10,000 Quantitative Respondents in a given country and ten interviews per month during the term of the Agreement.

Each Study launched is deducted from the Pack ordered, if applicable, when Happydemics sends to the Client the Study Answer. The Client can follow the number of Studies remaining in its Pack directly on the Platform.

The number of Studies is fixed for the duration specified in the Order Form, but if the number of Studies launched exceeds this number, the Customer can order an additional Pack or individual Studies by signing one or more additional Order Forms.

CARRYING OUT OF THE STUDIES

The Studies are carried out in accordance with Happydemics' methodology as described on its website and explained during meetings with the Customer, if any. If the Customer requests that the Respondents meet more than three criteria, Happydemics reserves the right to charge additional fees and adjust the Study's delivery date in order to guarantee the number of Respondents.

Unless otherwise indicated in the Order Form, all deadlines indicated in the Contract, including the deadlines a Study's delivery date, are provided for information purposes only. Once finalized, the Studies are made available to the Client and can be consulted and downloaded from the Platform.

Happydemics will be deemed to have provided the Studies and the Client to have accepted them when the Client has been notified of the availability of the Study on the Platform.

ACCESS TO THE PLATFORM

Users access the Platform from the Customer’s computers and connections using the identifiers created by the Customer when registering and assigned to each User (the “Logins”) within the limit of five (5) Users per Customer. Logins are personal and confidential.

The Customer is responsible for the use of the Logins. The Customer will ensure that no unauthorized person by Happydemics has access to the Platform. In the event of loss or theft of one of the Logins, the Customer must use the password reset procedure accessible on the Platform which sends an email to its email address giving a link to create a new password. More generally, the Customer is responsible for the security of its information system and in particular its computers.

The Client shall, within the meaning of Clause 1204 of the French Civil Code, ensure that Users comply with the Contract.

ASSISTANCE, SUPPORT AND COOPERATION

The Support services consists in answering Key Contacts' questions on the use of the Platform. This Support is available from Monday to Friday between 10:00 am to 7:00 pm, with a maximum of 1 hour per month. All Support requests are made by sending an email to support@happydemics.com. Happydemics and the Client can mutually agree that the assistance will also be open to Users and determine the conditions under which it will be provided to them.

For the various "Premium" and "Premium +" offers, the Client can benefit from personalised support from Happydemics comprising the understanding of its needs to the analysis and, if necessary, a personalised monthly follow-up. This assistance is provided under the same conditions as the Support within the limit of a determined number of hours.

Any Services lasting longer than specified above may be invoiced on the basis of the time spent at the rate indicated in the Order Form. Happydemics will inform the before any amount is actually invoiced.

Happydemics and the Client undertake to cooperate in good faith in the performance of the Agreement through the Key Contact(s) identified in the Order Form. The Client expressly accepts that the Key Contact will be Happydemics' sole contact person for the validation of the Studies, the monitoring of the Contract, the monitoring of the use of Studies and, where applicable, the renewal of any Order Form. However, the choice of a Key Contact does not affect the number of Users from consulting the Studies on the Platform.

PLATFORM AVAILABILITY

The Platform is accessible 24 hours a day, 7 days a week, including Sunday and public holidays except during maintenance operations.

The Customer understands the technical risks inherent in the Internet and the interruptions in access that may occur. Therefore, Happydemics cannot guarantee that the Platform will be accessible and available at all times, being executed remotely via the Internet.

Access to the Platform may occasionally be suspended due to unavailability or slowdowns resulting from maintenance operations necessary for the proper functioning of the servers on which the Platform is hosted. Happydemics will make its best efforts to inform the Client of any case of scheduled unavailability of the Platform.

Maintenance operations directly performed by Happydemics are normally carried out outside working days and hours, except in special cases, in particular in the case of a blocking / major error or emergency.

In case of unavailability or malfunctioning of the Platform, the Users can report this to Happydemics at the times and conditions provided for Support. In the event of notification by telephone, this notification must be confirmed by email as soon as possible.

Happydemics undertakes to use its best efforts to correct possible blocking / major errors and to ensure that the Platform functions correctly.

RIGHT TO USE THE SERVICES

Happydemics grants the Client a personal, non-transferable and non-exclusive right to access the Services, for the all duration of the Agreement and for the entire world.

The right of use means the right to access the Platform, in SaaS mode via Internet and to reproduce, distribute, and more generally use the Studies for marketing research purposes for an internal use to the exclusion of any other purpose and in accordance with the General Terms.

The Customer may not under any circumstances make the Services available to a third-party, and is strictly prohibited from any other use, in particular any adaptation, modification, translation, arrangement, decompilation of the Platform and the Studies, without this list being non-exhaustive.

In the event of modification of all or part of the Studies, the Customer undertakes to remove any logo or any item identifying Happydemics thereon.

In the event of non-compliance by the Customer with the General Terms, Happydemics may at its sole discretion suspend the Services or terminate this Agreement within the conditions set out in Clause 16 without prejudice to any claim for damages.

PERSONAL DATA

Each Parties shall comply with the regulation in force related to personal data (the “Personal Data”). For the purpose of this Clause, the words “Personal Data”, “Processing”, “Data Subjects”, “Data Controller” and “Data Processor” have the definition set in the European Regulation regarding the protection of Personal Data, the Loi Informatique et Libertés n° 78-17 of 6 January 1978 modified and the recommendations of the CNIL (the “Data Privacy Regulation”).

Depending on the choice of the Client, Happydemics will either collect the Respondent Data from Respondents on social networks and/or other websites or Happydemics' partner applications notably via audience pixels or targeting cookies and anonymise the Respondent Data so that the Studies do not contain any data allowing the reidentification of Respondents, or send an email to the Respondents appearing in the Client's database sent to Happydemics to carry out the Study.

For the performance of the Services, Happydemics is likely to act either as a processor, the Client being the Data Controller, or as Joint Data Controller with the Client for the Respondent Data. In any case, the Parties' commitments with regard to the Processing of Respondent Data are set out in the Data Protection Appendix.

CONFIDENTIALIY

Each Party undertakes to (i) keep and maintain confidential all confidential information, including Personal Data, that is disclosed by the other Party, and in particular to (ii) not disclose the other Party's confidential information to any third party, other than employees or subcontractors on a need to know basis; and (iii) use the other Party's confidential information only for the purpose of exercising its rights and fulfilling its obligations under the Agreement.

Notwithstanding the foregoing, neither Party shall have any obligation whatsoever with respect to information that (i) is in the public domain when communicated regardless of any fault of the Party receiving it (the "Receiving Party"), (ii) is independently developed by the Receiving Party, (iii) is already known by the Receiving Party before the other Party discloses them to it, (iv) is legitimately received from a third party not under an obligation of confidentiality, or (v) should be disclosed by law or by order of a court (in which case they should be disclosed only to the extent required and after giving written notice to the Party providing them).

The Parties' obligations regarding confidential information shall remain in force throughout the duration of the Agreement and as long as, after its term, the information concerned remains confidential for the Party disclosing it and, in any event, for a period of five (5) years after the term of the Agreement.

The Parties also undertake to ensure that these provisions are respected by their staff, and by any employee or third party who may intervene in any capacity whatsoever in the context of the Agreement.

TERM

Unless otherwise specified in the Order Form, this Agreement shall be effective upon execution of an Order Form and shall remain in force for the entire period of validity of the Pack as set out in the Order Form and in any event for a period of twelve (12) months from the execution of the Order Form.

The Services cannot be cancelled once the Order Form has been executed by the Client.

Happydemics can delete the Client's account as well as all Client Data and Studies delivered if the Customer does not access the Platform or order a Study or Pack for more than one (1) year from the delivery of the last Study, subject to prior information of the Client, unless the Client subscribes to a specific option.

The Agreement cannot be renewed by tacit renewal, but it can be renewed for the same period and according to the same offer as initially subscribed to in order to allow the Client, with the agreement of Happydemics, to carry out Non-Consumed Studies over the initial period of the Agreement.

FINANCIAL CONDITIONS

The price for the Services is indicated in the Order Form and is firm for the offer selected by the Client and the additional Support services, if any, for the twelve (12) month period concerned.

The Services are invoiced upon execution of the Order Form and are payable within thirty (30) days of the invoice date. If the Client orders a Pack of more than ten (10) Studies, the Price may, at the Client's discretion as indicated in the Order Form, be immediately invoiced and paid in advance or be payable in monthly installment during the term of the Agreement (each instalment being paid at the beginning of the month).

In the case of a Pack, the Studies must be launched by the Client within twelve (12) months following the execution of the relevant Order Form, unless a different deadline is indicated in the Order Form. In the event that all of the Studies in the Pack are not used at the end of this period, the Parties may consider extending the Agreement in order to allow the Client to benefit from the Studies not used during the initial period. Failing this, Happydemics reserves the right to carry out the remaining Studies in return for payment by the Client of the difference with the then current public price of the Study, to invoice the totality of the non-used Studies if they have not been paid in advance.

The sums due are be paid, at the Client's discretion, either by direct debit in accordance with the SEPA mandate attached to the invoice, or by bank transfer to the bank details indicated on the invoice. All amounts paid are nonrefundable.

LATE/NON-PAYMENT

In accordance with article L.441-10 of the French Commercial Code, in the event of late payment of any amount due for any reason whatsoever within the agreed due date, Happydemics may without prior notice, charge the Customer late payment interest calculated at a sum equal to the higher of five (5) times the legal interest rate or 3% of the sums due calculated on a daily basis from the due date until the date of full payment plus applicable VAT. If the late payment interest rate defined above is lower than the minimum rate provided for in Article L441-10 of the French Commercial Code, the late payment surcharge will be calculated on this minimum rate. Interest is capitalized in accordance with the provisions of Article 1343-2 of the French Civil Code.

In addition, Happydemics may charge a fixed compensation for recovery fees of 40 € and the actual costs if the recovery costs incurred are above this fixed amount.

Furthermore, in case of non-payment of an invoice on the due date and without prejudice to a possible claim for damages, Happydemics may suspend the performance of the Services and in particular the access to the Platform and/or to terminate this Agreement after five (5) days prior notice, without triggering Happydemics' liability.

In the event of early termination of this Agreement, any sum due by the Customer will be invoiced and, in any case, will be immediately payable.

WARRANTIES AND LIABILITY

● General Provisions

Happydemics commitments under the Agreement are made under an obligation of means ("obligation de moyens") except for the number of Respondents.

Happydemics will provide the necessary time and resources to fulfill and perform the Services. Happydemics undertakes to provide the Services with the tools and means at its disposal, and to bear all technical costs related to the performance of the Services except expenses incurred for any travel expenses outside the Paris area that will be charged to the Customer.

Happydemics represents that it has the necessary expertise and means to perform the Services, and undertakes to perform the Services in accordance with the standards of the profession and the provisions of this Agreement.

● Client warranties

For the performance of the Studies, the Client hereby authorizes Happydemics to use Client's brands and logos as well as any element provided by the Client or the Client's client (in particular when the Client is an agency launching Studies for its own client), in particular in the questionnaires or to personalize the Studies. In this respect and to this end, the Client grants Happydemics a right to display and reproduce these elements and any other element provided, for the entire world, on any support and by any process, for the duration of the protection provided for by the intellectual property conventions and texts applicable in France and abroad and their possible extensions.

The Client is solely responsible for the quality, validity and relevance of the elements provided to Happydemics for the purposes hereof, whether these elements are its own or those of his own customer. Customer also represent and warrants that it has all the rights and authorizations necessary to allow Happydemics to use the elements and contents under the conditions agreed between the Parties. Consequently, Customer shall indemnity and hold Happydemics harmless of all consequences and liability in case of non-compliance with this warrantee, especially in the case of a request/claim by a third party.

In particular, when the Studies are carried out by Happydemics by contacting Respondents whose contact details have been communicated by the Client, the Client represents and warrants that the Data has been collected in compliance with the Data Privacy Regulation and, in particular, that the Respondents have been provided with all the information required to legitimate the communication and use of their data by Happydemics for the purposes of the Services and, if necessary, that all the consents of the Respondents have been obtained.

The Client recognises that the right of opposition of the Respondents to the processing of their Data by Happydemics does not exempt the Client from its obligation to collect their consent and undertakes to indemnify and hold Happydemics harmless of any consequences that may result from the Client's failure to comply with these provisions.

● Indemnification

Happydemics undertakes to indemnify and hold the Customer harmless of direct damages resulting from any complaint and/or claim by a third party invoking an infringement of intellectual property rights which could have been infringed by the Services, provided that the Customer has notified the complaint/claim to Happydemics within ten (10) working days from receipt of such a complaint or being made aware of it.

This indemnification obligation will not apply to any request or claim not notified within the time limit below or resulting from : (a) any damage, alteration, modification or addition made to all or part of a Service which has not been made or authorized by Happydemics; (b) any combination by the Customer / a User of all or part of a Study or use of the Platform with information, software, hardware or other technology not provided or not recommended by the Service Provider; (c) any use by the Customer / a User of all or part of a Study or more generally of the Services provided in a manner not authorized by this Agreement; (d) any elements provided by the Customer (including but not limited to the Customer's trademarks and logo) and (e) any request or action regarding the infringement of intellectual property rights which are not those that Happydemics has granted to the Customer through this Agreement.

The foregoing provisions set out the only remedies available to the Customer and the limits of the indemnification obligation provided by Happydemics.

● Liability

Happydemics' liability can only be triggered in the case of a proven default or negligence directly attributable to Happydemics and is limited to direct damages suffered by the Client to the exclusion of any indirect damage of any nature whatsoever, such as in particular any loss of chance, loss of revenue, data loss or loss of profit.

Happydemics' liability to the Client resulting from or in connection with this Agreement (except in cases of gross negligence or willful misconduct), for all contractual matters shall in no circumstances exceed a sum equal to 50% of the total fees paid by the Client during the twelve (12) months immediately preceding the event which gave rise to the liability

Nothing in this Agreement will limit or exclude Happydemics’ liability for death or personal injury, gross or willful misconduct or fraud.

The Parties acknowledge that the above limitations do not render ineffective their essential obligations they are consistent and balanced with the Parties’ interests at stake and have been discussed in good faith.

● Insurance

Each Party represents and warrants that they have subscribed to an insurance policy, with a reputable insurance company, covering the consequences of their professional liability due to any damage resulting from the breach of their obligations herein and more generally from their activities. Each Party commits to maintain this policy or an equivalent policy in force during the Agreement’s term and be able to justify it to the other Party upon request.

TERMINATION

Either party may terminate this Agreement if the other party materially breaches the terms of the Agreement and fails to cure such breach within thirty (30) days after receipt of written notice sent by registered mail with acknowledgement of receipt from the non-breaching party describing the nature of the breach in reasonable detail. The Client's material obligations herein relate to its obligations (i) to pay and (ii) to use the Platform and the Studies and more generally the Services in accordance with the present Agreement and applicable laws. The failures of Happydemics entitling the Client to termination under the above conditions are: (i) failure to reach the number of Respondents three (3) consecutive times or (ii) unavailability of the Platform for five (5) continuous working days.

In the event of termination of this Agreement, the Customer shall cease to use the Services, the Studies in progress upon termination will be continued until their completion but no new Order Form or Study Response may be launched or executed. In the event of termination of this Agreement due to Happydemics' default, Happydemics undertakes to pay as damages and interest a fixed and definitive compensation corresponding to the proportion of the Studies that have not been launched.

The fact that the Customer does not or no longer uses the Platform or that Client does not launch Studies, does not have the consequence of suspending this Agreement or of modifying the period of validity of the Pack ordered, the obligations of payment of the sums due under this Agreement remaining in full force and effect.

SOCIAL OBLIGATIONS

Happydemics guarantees, under the Agreement, that it complies with French Labor Law. Therefore, Happydemics certifies having filled the declarations required by the social protection entities and having complied with its obligations under articles L. 8221-3 and L. 8221-5 of the French Labor Code.

At the execution of the Agreement and every six months subject to Client’s request, Happydemics will forward to the Client the following elements:

  • ● A certificate of the social declaration provision and the payment of the social security contributions as stated under article L243-15 of the French Social Security Code issued by the social protection entity in charge of collecting social security contributions, of less than six months;
  • ● The original extract of the registration before the Companies House (K or Kbis) of less than three months.

When Happydemics hires foreign employees and subject to the labor authorization mentioned in article L5221-2 of the French Labor Code, it provides a list of the foreign employees and subject to the labor authorization mentioned in article L5221-2 of the French Labor Code, this list mentions for each employee, the date of his employment, his nationality as well as the nature and reference number of the work permit. This list is established from the employees’ registry.

FORCE MAJEURE

Except for payment obligations, neither Party hereto will be liable for defaults, delays or failure to comply with any of its obligations under this Agreement that is due to a force majeure event as defined by Article 1218 of the French Civil Code and the French courts.

If the performance of the Agreement is significantly prevented for a continuous period of one (1) month due to a force majeure event, each of the Parties may terminate this Agreement immediately upon written notice sent by registered letter with acknowledgement of receipt to the other Party.

GENERAL PROVISIONS

Updating of the General Terms. Happydemics may modify and update the General Terms without notice. A notification will be made to the Customer by email and this revised version shall apply to any new Order Form. This Agreement can only be modified by way of an amendment signed by the Parties and will apply to any new Order Form. The Agreement may only be modified by an amendment executed by the Parties.

Promotion - Commercial references. Happydemics is expressly authorized to use the Client's name or trademarks for the purpose of carrying out the Studies. In addition, Happydemics is authorized to mention the existence of this contractual relationship and to reproduce the Client's name or brands to promote its activities and this in compliance with the rules of use of the Client's name and brands transmitted if necessary.

Non-waiver Unless otherwise provided for herein, no failure or delay by either Party in exercising any of its rights or remedies contained or referred to herein shall be deemed to be a waiver of such rights or remedies. No provision hereunder shall be deemed waived unless such waiver shall be in writing signed by such Party.

Unenforceability The Parties, fully informed of their rights under Article 1195 of the French Civil Code, expressly exclude the application to unforeseen circumstances, as defined in Article 1195 of the Civil Code, regardless of the circumstances beyond the Parties' control. The Parties agree to bear the risks relating to any change in circumstances unforeseeable at the time of execution of this Agreement that would make its performance excessively onerous for them, and expressly waive the right to request any renegotiation and/or judicial and/or non-judicial review of this Agreement on this ground, unless expressly stipulated otherwise in this Agreement. The Parties also expressly exclude the application of Articles 1219 to 1223 of the Civil Code, which allow in particular the judge to reduce the Parties' financial commitments or obligations in the event of a breach of their obligations.

Nullity The nullity or unenforceability of any of the clauses of the Agreement shall not invalidate the other clauses, which shall remain in full force and effect. However, the Parties may agree, by mutual agreement, to replace such invalid clause(s).

Transfer, assignment and subcontracting. Happydemics may subcontract all or part of the Services and/or the Support to one or more subcontractors of its choice and duly chosen or to transfer and or assign this Agreement or the rights and obligations arising from the Agreement to a third party at its sole discretion. In this case, these third parties will be bound by a commitment of confidentiality similar to that made by Happydemics hereunder and will have to comply with similar requirements as those required by the Client from Happydemics.

Applicable law and jurisdiction.This Agreement shall be governed by and construed in accordance with French law. Any dispute arising out or in connection with this Agreement, not resolved amicably within thirty (30) days of receipt of a formal notice materialized by the execution of a settlement agreement, will be submitted to the exclusive jurisdiction of the Paris Commercial Court.

Appendix regarding personal data

Happydemics' commitments as a Joint Data Controller

  • In accordance with Data Privacy Regulation, Happydemics shall:
  • • Ensure the persons authorized to process the Personal Data shall respect the confidentiality or be subject to an adequate legal obligation of confidentiality;
  • • Implement all necessary measures to ensure the security and integrity of Personal Data and their processing,
  • • Reasonably assist the Client to fulfill is obligation of security taking into account the nature of the processing and the information at its disposal;
  • • Provide to the Client on a reasonable basis with all the necessary information to demonstrate the compliance with the obligations under this Clause to allow Client to conduct the performance of one audit per year, including inspections, by the Client or any other auditor appointed by the Client, and contribute to these audits it being agreed that any penetration test shall priory be subject to a written agreement regarding its scope and conditions;
  • • Inform the Client if it receives a request of access or modification or opposition from a User and do not answer to such request without the Client’s prior agreement;
  • • Inform the Client if a breach of Personal Data occurs due to a verified security breach;
  • • Reasonably cooperate with the CNIL if needed;
  • • Immediately stop any processing of Personal Data from the termination or expiration of the Agreement.
  • All Personal Data used in the context of the Study will be deleted after thirty (30) days.
  • The provisions set out herein shall apply Mutatis Mutandis to the Client which is also qualified as a joint controller.
  • By signing the Order Form, the Client accepts the processors listed in this appendix. In the event of a change in all or part of this list, Happydemics undertakes to inform the Client of this and the Client can address his objections in writing within five (5) days of receipt of the information. Failing this, the Client will be deemed to have accepted the changes.
  • Happydemics is responsible for informing the Respondents about the Processing of their Data and for following up the requests of the Persons Concerned in order to exercise their rights (access, deletion, etc.).
  • Purpose of the Processing

    • Conducting marketing studies for the purpose of:
    • • Adapting content to the interests of the Client's service users
    • • Adaptation of advertising to the interests of the users of the Client's service
    • • Elaboration of audience measures

    Term of the Processing

    • The term of the processing corresponds to the duration of the Agreement.

    Categories of Data Subjects

    • • Respondents

    Categories of Personal Data processed

    • • Surname
    • • First name
    • • ID employee
    • • IP address
    • • Cookies
    • • History of pages viewed
    • • History of videos watched
    • • History of "likes"

    List of authorised processors

    Name of the processor Contact details of the authorised processor: address of the head office, RCS, email contact point, identity of the representative and data protection officer Nature of activities related to processing outsourced to the authorised processors Location (country) of the teams and/or equipment involved, of the authorised processor If transfer of data outside the EU, specify the adequacy tool implemented by the authorised processor to ensure compliance with the GDPR E.g.: BCR, standard contractual clauses, etc.
    Mediasmart Mobile 38 Rue Jean Mermoz, 75008 Paris Collection of display parameters and Respondent information European Union N/A
    Hawk by tabmo 2 Rue de Clichy, 75009 Paris Collection of display parameters and Respondent information European Union N/A
    Verizon Media 50-52 Boulevard Haussmann, 75009 Paris Collection of display parameters and Respondent information European Union N/A
    Facebook Ireland Ltd 6 RUE MENARS 75002 PARIS 02 Collection of display parameters and Respondent information European Union N/A
    Snap Inc 16 RUE DE LA ROCHEFOUCAULD 75009 PARIS Collection of display parameters and Respondent information European Union N/A
    GOOGLE Calle de López de Hoyos, 135, 28002 Madrid, Espagne Collection of display parameters and Respondent information European Union N/A
    The Trade Desk 64-66 Rue des Archives, 75003 Paris Collection of display parameters and Respondent information European Union N/A
    ADEXPERIENCE 267 Boulevard Pereire, 75017 Paris Collection of display parameters and Respondent information European Union N/A